the house of peers, and to suffer no
changes or amendments in the house of commons.
THERE is also one statute peculiarly relative to the house of lords; 6
Ann. c. 23. which regulates the election of the sixteen representative
peers of North Britain, in consequence of the twenty second and twenty
third articles of the union: and for that purpose prescribes the
oaths, &c, to be taken by the electors; directs the mode of balloting;
prohibits the peers electing from being attended in an unusual manner;
and expressly provides, that no other matter shall be treated of in
that assembly, save only the election, on pain of incurring a
praemunire.
V. THE peculiar laws and customs of the house of commons relate
principally to the raising of taxes, and the elections of members to
serve in parliament.
FIRST, with regard to taxes: it is the antient indisputable privilege
and right of the house of commons, that all grants of subsidies or
parliamentary aids do begin in their house, and are first bestowed by
them[t]; although their grants are not effectual to all intents and
purposes, until they have the assent of the other two branches of the
legislature. The general reason, given for this exclusive privilege of
the house of commons, is, that the supplies are raised upon the body
of the people, and therefore it is proper that they alone should have
the right of taxing themselves. This reason would be unanswerable, if
the commons taxed none but themselves: but it is notorious, that a
very large share of property is in the possession of the house of
lords; that this property is equally taxable, and taxed, as the
property of the commons; and therefore the commons not being the
_sole_ persons taxed, this cannot be the reason of their having the
_sole_ right of raising and modelling the supply. The true reason,
arising from the spirit of our constitution, seems to be this. The
lords being a permanent hereditary body, created at pleasure by the
king, are supposed more liable to be influenced by the crown, and when
once influenced to continue so, than the commons, who are a temporary
elective body, freely nominated by the people. It would therefore be
extremely dangerous, to give them any power of framing new taxes for
the subject: it is sufficient, that they have a power of rejecting, if
they think the commons too lavish or improvident in their grants. But
so reasonably jealous are the commons of this valuable privilege, that
herein t
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